°H 



Hi K 



FRANKLIN COLLEGE 



ORIGINAL CHARTER. 



AN ACT 



To incorporate and . endow the German College and Charity School in 
the borough and county of Lancaster in this State. 

(Section i, P. L.) Whereas The citizens of this Preamble. 
State, of German birth or extraction, have emi- 
nently contributed by their industry economy and 
'public virtues to raise the State to its present hap- 
piness and prosperity, And Whereas a number of 
citizens of the above description in conjunction with 
others, from a desire to increase and perpetuate the 
S blessings derived to them from the possession of 
property and a free government, have applied to 
this House for a charter of incorporation and a dona- 
tion of lands for the purpose of establishing and en- 
dowing a College and Charity School in the borough 
of Lancaster; And Whereas the preservation of the 
principles of the Christian religion and of our repub- 
lican form of government in their purity depends 
under God in a great measure on the establishment 
and support of suitable places of education for the 
purpose of training up a succession of youth who 
by being enabled fully to understand the grounds 
of both may be led the more zealously to practice 
the one and the more strenuously to defend the 
other. Therefore 



College 
created. 



To be called 
Franklin 
College, in 
honor of 
Benjamin 
Franklin. 



Trustees. 



(Section i.) (Section II. P. L.) Be it enacted and 
it is hereby enacted by the Representatives of the freemen 
of the Commonwealth of Pennsylvania in General As- 
sembly met, and by the authority of the same, That there 
shall be, and hereby is erected and established in the 
said borough of Lancaster in the county of Lancaster 
in this State a College and Charity School for the 
instruction of youth in the German, English, Latin, 
Greek and other learned languages in theology and 
in the useful arts, sciences and literature — the style, 
title and constitution of which College shall be as is 
hereinafter set forth, that is to say: 

First. — From a profound respect for the talents, 
virtues and services to mankind in general but more 
especially to this country of his excellency Benjamin 
Franklin, Esquire, President of the Supreme Execu- 
tive Council, the said College shall be and hereby is 
denominated " Franklin College." 

Second. — That the said College shall be under the 
management direction and government of a number 
of Trustees not exceeding forty-five or a board or 
quorum thereof as hereinafter mentioned. 

Third. — That the first Trustees of the said Col- 
lege shall consist of the following persons to wit : the 
honorable Thomas Mifflin, Esquire, the honorable 
Thomas McKean, Esquire, Doctor of Laws, the rev- 
erend Doctor John Henry Christian Helmuth, the rev- 
erend Casper Weiburg, the reverend Henry Muhlen- 
berg, the reverend William Handell, the reverend 
Nicholas Kurtz, the reverend George Troldenier, the 
reverend John Herbst, the reverend Joseph Hutchins, 
the reverend Frederick Weyland, the reverend Alber- 
tus Helfenstein, the reverend William Ingold, the rev- 



Ofi. S~ 'J 



Ljl/87/ 

Fn 

/S48 3 

erend Jacob van Buskirk, the reverend Abraham 
Blumer, the reverend Frederick Dalecker, the rev- 
erend Christopher Emanuel Shultz, the reverend 
John B. Cousie, Peter Muhlenberg Esquire, the rev- 
erend Frederick Valentine Miltzeimer, John Hubley, 
Esquire, Joseph Heister, Esquire, Casper Schaffner, 
Peter Hoofnagle Esquire, Christopher Crawford, Paul 
Zantzinger, Adam Hubley Esquire, Adam Reigart, 
Jasper Yeates, Esquire, Stephen Chambers Esquire, 
the honorable Robert Morris Esquire, George Clymer 
Esquire, Philip Wager, the honorable William Bing- 
ham Esquire, William Hamilton, William Sheaf, 
Doctor Benjamin Rush, Daniel Heister Esquire, 
William Rawle Esquire Lewis Farmer Esquire, 
Christopher Kucher, Philip Groenwaldt, Michael 
Hahn, George Stake senior, Esquire, John Musser; 
which said Trustees and their successors to be elected 
in manner hereinafter mentioned are hereby erected 
established and declared to be one body politic and 
corporate with perpetual succession in deed and incorporate 

x x x powers. 

law to all intents and purposes whatsoever by the 
name style and title of "The Trustees of Franklin 
College in the borough and county of Lancaster" by 
which name and title the said Trustees, and their 
successors shall be competent and capable at law 
and in equity to take to themselves and their suc- 
cessors for the use of the said College any estate 
in any messuages, lands, tenements hereditaments 
goods chattels moneys or other effects by the gift, 
grant, bargain and sale, conveyance, assurance, de- 
vise or bequest of any person or persons whatsoever, 
Provided the same do not exceed in the whole the 
yearly value of ten thousand pounds valuing one 



Portugal half Johnnes weighing nine penny weight 
at three pounds, and the same messuages, lands, ten- 
ements hereditaments and estate real and personal, 
to grant, bargain and sell, convey assure demise and to 
farm let and place out on interest or otherwise dispose 
of for the use of the said College in such manner as to 
them or at least seven of them at an annual or ad- 
journed meeting assembled shall seem most bene- 
ficial to the institution and to receive the rents issues 
profits interest and income of the same, and to apply 
the same to the proper use and support of the said 
College, and by the same name to use, prosecute and 
defend, implead and be impleaded in any courts of 
law or equity, and generally by the same name, to 
do and transact all and every (the) business concern- 
ing the premises, or incidentally necessary thereto, 
as fully and effectually as any natural person or body 
politic or corporate within this Commonwealth have 
power to manage their own concerns. 

Fourth. — The said Trustees shall cause to be made 
for their use one common seal, with such devices and 
inscriptions thereon as they shall think proper, under 
and by which all deeds, diplomas, certificates and 
acts of the said corporation shall pass and be au- 
thenticated and the same seal at their pleasure to 
break and make a new one. 

Fifth. — That the said Trustees or any nine of them, 
shall meet at the borough of Lancaster, on the fifth 
day of June next for the purpose of concerting and 
agreeing upon such business, as in consequence of 
this Act it may be necessary to transact, and shall 
have J power to adjourn from time to time as they 
shall see cause to any other times and places for the 
purpose of completing the same. 



Sixth. — That there shall be a meeting of the said 
Trustees held, once in every year at least, at the 
borough of Lancaster at such time as the said Trus- 
tees or a quorum thereof shall appoint, of which 
notice shall be given after the first meeting, either 
by public advertisements in two of the newspapers 
of this State, or by notice in writing signed by the 
Clerk or other officer of the Trustees for that pur- 
pose, to be appointed, and sent to each Trustee at 
least twenty days before the time of such intended 
meeting, and if at such meeting nine of the said 
Trustees shall not be present, those of them who 
shall be present shall have power to adjourn the 
meeting to any other day as fully and effectually to 
all intents and purposes, as if the whole number of 
Trustees for the time being were present, but if nine 
or more of the said Trustees shall meet, at the said 
appointed times or at any other time of adjournment, 
then such nine Trustees shall be a board or quorum 
and a majority of the votes of them shall be capable 
of making and enacting ordinances for the govern- 
ment of the said College, of electing Trustees in the 
place and stead of those who shall resign, or other- 
wise vacate their places, of electing and appointing 
the Principal, Vice Principal and Professors of agree- 
ing with them for their salaries and stipends, and 
removing them for misconduct or a breach of the 
laws of the institution of appointing Committees of 
their own body to carry into execution all and every 
the resolutions of the board, of appointing a Treas- 
urer, Secretary, Stewards, Managers and other neces- 
sary and customary officers for taking care of the 
estate, and managing the concerns of the said Cor- 



poration, and generally a majority of the voices of 
the said board or quorum of Trustees at any annual 
or adjourned meeting after notice given as aforesaid, 
shall determine all matters and things not otherwise 
provided for by this Act occasionally arising and in- 
cidentally necessary to be determined and transacted 
by the said Trustees: Provided always, that no ordi- 
nances shall be of force, which shall be repugnant to 
the laws of this State. 
Trustee cannot Seventh. — That neither the Principal, Vice-Prin- 

be Professor. r 7 

cipal nor professors of the said College while they 
remain such, shall be capable of holding the office 
of Trustee — and if any Trustee of the said College 
for the time being shall accept the office or appoint- 
ment of Principal Vice- Principal or Professor of 
the said College, it shall be deemed and taken to 
be a resignation of the office of Trustee, and in 
such case a new election of a Trustee in the place 
of him so taken and construed to have resigned the 
same office shall be held in such time and manner 
as by the future ordinance of the said College shall 
be ordained and established. 
Faculty. Eighth. — The Principal Vice- Principal and Pro- 

fessors of the said College shall be styled — The 
Principal Vice- Principal and Professors of Franklin 
College in the borough and county of Lancaster and 
the name, style and title of the body or faculty 
composed of the said Principal Vice-Principal and 
Professors shall be "The faculty of Franklin College 
in the borough and county of Lancaster," which 
faculty shall have the power of enforcing the rules 
and regulations adopted by the Trustees for the 
government of the pupils by rewarding or censuring 



them, and finally by suspending such of them as 
after repeated admonitions shall continue dis- 
obedient and refractory until the determination of 
a quorum of Trustees can be had, and of granting 
and confirming by and with the approbation and 
consent of a Board of Trustees signified by their 
mandamus such degrees in the liberal arts and 
sciences to such pupils of the said College or other 
persons who by their proficiency in learning or 
other meritorious distinctions they shall think en- 
titled to them, as are usually granted and conferred 
in other colleges in America or Europe, and to 
grant to such graduates diplomas or certificates 
under their common seal, and signed by the faculty 
to authenticate and perpetuate the memory of such 
graduation. 

Ninth— Fifteen, of the Trustees of the said Col- J^ st c e h e s ; en . 
lege shall forever hereafter be chosen from the 
members of the Lutheran church, and the like 
number from the members of the Reformed or 
Calvinist church, the remainder of the said Trustees 
shall be chosen from any other society of christians. 
Provided always That no person not an inhabitant 
of this State shall be capable of being elected one 
of the aforesaid Trustees, and if any of the said 
Trustees now appointed or hereafter elected shall 
wholly remove from this State and settle elsewhere, 
such Trustee from and after the space of one year 
from such removal shall be deemed to have resigned 
his said office and a new Trustee in the place of him 
so removed from this State shall be elected in such 
time and manner as by the future ordinances and 
regulations of the said College shall be ordained and 
established. 



8 



Principal, 
how chosen. 



Clergymen. 



Nine Trustees 
given power 
to establish 
officers. 



Charity 
School. 



Tenth. — The Principal of the said College shall 
forever hereafter be chosen alternately from the 
Lutheran and Reformed or Calvinist churches un- 
less such of the Trustees as are or shall be members 
of those two churches at an annual or adjourned 
meeting assembled, shall unanimously agree to elect 
and appoint two or more persons in succession of 
the same religious denomination or some suitable 
person of any other society of christians. 

Eleventh. — In order to secure to this Seminary the 
beneficial effects which have been generally found 
to result from the zealous and industrious exertions 
of the members of the clergy in the education of 
youth, whenever the seat of a clergyman hereby 
appointed or hereafter to be elected a Trustee of 
the said College shall become vacant, such vacancy 
shall be filled by the election of another clergyman in 
his place, so nevertheless that the aforesaid pro- 
portion of Lutheran and Reformed or Calvinist 
Trustees be invariably preserved. 

Twelfth. — That nine of the said Trustees at an 
annual or adjourned meeting shall have power to 
institute and establish such officers of the said Col- 
lege not herein before mentioned or to vest such 
powers in the officers already herein mentioned, 
and allow such salaries and perquisites or additional 
salaries and perquisites as the future exigencies of 
the College may from time to time require. 

Thirteenth. — To facilitate the acquisition of learn- 
ing to all ranks of people by means of a charity 
school being one of the primary and fundamental 
objects of this institution one sixth part of the 
capital real and personal fund of the said College, 



not including moneys paid for tuition, shall be ir- 
revocably appropriated, together with such gifts and 
bequests as may be hereafter made to the said College 
for that special purpose, to the maintenance and 
support of a charity school for children of both 
sexes and all religious denominations on the most 
liberal plan consistent with the ability of the said 
College. 

Fourteenth. — No misnomer of the said Corpora- ^° a i?d s 3e5 ers 
tion shall defeat or annul any gift, grant devise or glfts " 
bequest to the said Corporation, nor shall any 
disuser or nonuser of the rights, liberties, privileges, 
jurisdictions and authorities or any of them hereby 
granted to the said Corporation, create or cause a 
forfeiture thereof. 

(Section II) (Section III P. L.) And be it further 
enacted by the authority aforesaid That the consti- 
tution of the said College herein declared and estab- 
lished shall be and remain the inviolable constitution 
of the said College forever, alterable only by an Act 
of the Legislature of this State. 

(Section III.) (Section IV P. L.) And be it^TSnd 
further enacted by the authority aforesaid That granted " 
ten thousand acres of land, together with six per 
centum allowance for roads set out and surveyed 
within the unappropriated lands of this State be, 
and they are hereby granted, to the said Trustees 
of " Franklin College " in the borough and county of 
Lancaster; to have and to hold the same to them 
their successors and assigns forever. 

(Section IV.) (Section V P. L.) And be it further]£$£ aXa for 
enacted by the authority aforesaid That \ipon the 
applications of the said Trustees or of any person 



10 



duly authorized by them to the Secretary of the 
land office of this State, he shall and is hereby re- 
quired to grant and issue such and so many war- 
rants to be directed to the Surveyor- General re- 
quiring him to survey or cause to be surveyed for the 
Trustees of the said College such and so many tracts 
of land with such number of acres in each warrant 
as shall be applied for at each application in such 
places not otherwise appropriated by Acts of As- 
sembly of this Commonwealth, as shall in the whole 
amount to the said quantity of ten thousand acres 
and the usual allowance, and the Surveyor- General 
shall receive and enter all such warrants in his 
office, and issue copies thereof directed to his 
deputies in the different counties and districts within 
the State, and the said deputies shall duly execute 
the same and make returns thereof and thereupon 
such proceedings, shall be had and patents or grants 
of confirmation for the same shall be issued and 
granted to the said Trustees of the said College in 
like manner and form and having like force and 
effect, as the like proceedings and patents have been 
and are conducted and granted in case of private 
persons making applications for, and taking up 
lands under the laws of this Commonwealth in such 
cases made and provided. 

(Section V.) (Section VI P. L.) And be it 
further enacted by the authority aforesaid That all 
and every the tract and tracts of land hereby 
directed to be surveyed for the use of the said Col- 
lege shall be so done at the charge of this State, 
and the Supreme Executive Council are hereby 
authorized and empowered to draw orders on the 



II 



Treasurer of the State to pay and defray all the 
charges arising therefrom. 

Passed March ioth, 1787. 

Recorded L. B. No. Ill page 184 &c. 



AN ACT 

For vesting the public store-house and two lots of ground in the bor- 
ough and county of Lancaster, in the Trustees of Franklin College, 
for the use of said institution : 

Sec 1, Whereas from a full conviction of the 
utility of establishing seminaries of learning in this Preamble. 
Commonwealth, an Act of Assembly was passed the 
tenth day of March one thousand seven hundred and 
eighty-seven to incorporate a College and Charity 
School in the borough and county of Lancaster, 
under the title of Franklin College. 

And Whereas it hath since been represented to 
this house by the petition of the Trustees of the said 
College, that their funds, notwithstanding the former 
bounty of the legislature, are inadequate to the good 
purposes intended; wherefore they have prayed this 
house to convey to the said College, two certain lots 
or pieces of ground on Queen Street, in the said 
borough with the public Store-house thereon being, 
and 

Whereas it appears reasonable and proper that 
the said petition should be granted. 



Sec 11. Be it therefore enacted and it is hereby IZIA granted 
enacted by the Representatives of the freemen of the Com- college. 
monwealth of Pennsylvania in General Assembly met, 
and by the authority of the same, That the said two 



12 

lots of ground as they are situated on the west side 
of Queen Street in the said borough, with their appur- 
tenances, and all the estate, right, title interest, 
property, claim and demand of the State of Penn- 
sylvania, in and to the same, shall be and they are 
hereby granted and vested in the Trustees of Frank- 
lin College in the borough and county of Lancaster, 
and their successors forever, to and for the use of 
the said institution. 

Signed by order of the House, 

THOMAS MIFFLIN, 

Speaker. 

Enacted into a Law at Philadelphia, on Wednes- 
day the twenty-seventh day of February, in the year 
of our Lord one thousand seven hundred and eighty- 
eight. 

PETER ZACHARY LLOYD, 

Clerk of the General Assembly. 



A SUPPLEMENT 

To an act, entitled "An Act, to incorporate and endow the German 
College and Charity School, in the borough and county of Lancaster, 
in this State." 

Whereas by an act, entitled "An act to incor- 
porate and endow the German college and charity 
school, in the borough of Lancaster, in this state," 
by the name of " Franklin College." The said insti- 
tution was endowed with ten thousand acres of land, 
to be surveyed and patented at the charge of the 
state. And it is represented by the trustees thereof, 
that by the return of the several surveys of the said 



13 

lands, into the Surveyor General's office, there ap- 
pears to be four hundred and fifty-five acres, and 
one hundred and thirty-six perches of land, more 
than the said quantity of ten thousand acres con- 
tained therein. And it is reasonable that the said 
institution should receive a patent or patents for 
such surplus quantity, free from any purchase money 
or fees, in furtherance of the benevolent designs of 
the legislature, in making the said endowment. 

Therefore, 

Sec. i. Be it enacted by the Senate and House of Patents free of 

. expense to 

Representatives of the Commonwealth of Pennsylvania'™*™- 
in General Assembly met, and it is hereby enacted by 
the authority of the same, That the Secretary of the 
Land Office, be, and he is hereby directed to issue 
patents, free of expense, to the trustees of Franklin 
College, in the city and county of Lancaster, for the 
lands surveyed and returned for them, by virtue of 
the act to which this is a supplement ; and to include 
in the said patents the surplus quantity in any or all surplus to be 
of the surveys, amounting in the whole to four hun- 
dred and fifty five acres, and one hundred and thirty- 
six perches, more than ten thousand acres, without 
charging any purchase money or office fees, for, or 
on account of such surplus lands. 



Sec 2. And be it further enacted by the authority Grant to 
aforesaid, That the book cases used for the state ce°rtafn book 

cases. 

library, during the time the legislature held their 
sessions at Lancaster, the property of this common- 
wealth, and now remaining in the court house at 



Lancaster, be, and the same are hereby granted to 
the trustees aforesaid, for the use of the college. 

REES HILL, 

Speaker of the House of Representatives. 

ISAAC WEAVER, 

Speaker of the Senate. 

Approved — the sixteenth day of March, one thou- 
sand eight hundred and nineteen. 

WILLIAM FINDLAY. 



AN ACT 

To authorize the executors of Lucy Salter, deceased, to sell and convey 
certain real estate, and for other purposes. 

* ^ >fc * 5fc % * 

co a unf y ster Section 9. That the trustees of the Lancaster 

authored to county academy, be, and they are hereby authorized 

&c"to es " e ' and impowered to sell either publicly or privately, 

college. f or such price as may be agreed upon and to convey 

and assure to the trustees of Franklin college, in the 

borough and county of Lancaster, all the property, 

real, personal and mixed, belonging to the said 

academy, to have and to hold the same to the said 

trustees for such estate as the said academy has 

therein, but upon the special trust and confidence 

that the said property shall be used and applied by 

the said trustees to the purposes of education, and 

to the objects set forth and contemplated in their 

charters of incorporation. 

Deed, how it Sec io. The power to sell and convey given by 

may be made r . 

and by whom, the preceding section, may be executed either by a 
deed or deeds under the corporate seal of the Lan- 



15 

caster county academy, or under the hands and seals 
of a committee of the board of trustees appointed 
for that purpose. 

WM. HOPKINS, 

Speaker of the House of Representatives. 

CHARLES B. PENROSE, 

Speaker of the Senate. 

Approved — The fifteenth day of May, eighteen 
hundred and thirty-nine. 

DAVID R. PORTER. 



AN ACT 

To authorize Thomas Gardner, Benjamin J. Miller, and Isaac Coates, 
Trustees, to sell and convey certain real estate, and for other pur- 
poses. 

vl> vt* *J> +&* +&* v?> vL» 

^J% *^ *|» *J» *$• *y* *f» 

Whereas, the trustees of the Franklin College, in Preamble, 
the borough and county of Lancaster, did on theFrankun 
twenty-fourth day of March, one thousand eight hun- £*£ a * s d e c r oun t y 
dred and forty-one, by the name of "The Trustees 
of Franklin College in the city and county of Lan- 
caster," convey by deed to John M'Cord, several 
tracts of land in Bradford county, which was subse- 
quently recorded in the office for recording of deeds 
in Bradford county. And Whereas, the said trus- 
tees and the said John M'Cord, are desirous that the 
title of the said John M'Cord may be considered 
good and valid from the date of said conveyance, 
notwithstanding the misnomer of the said corpora- 
tion in the same. Therefore, 

Section 4. That the title of the said John M'Cord Deed of 

^ J John M'Cord 

to the lands in the said deed described, shall be as madevalid - 



x6 

good and valid to all intents and purposes as if no 
misnomer of the said corporation had been made in 
the said deed. And the said deed, and the record, 
or a certified copy thereof, shall be as good evidence 
of title as if the said corporation had been called by 
its right name. 

* * * * * * * 

JAMES ROSS SNOWDEN, 

Speaker of the House of Representatives . 

JOHN STROHM, 

Speaker of the Senate . 

Approved — The twenty-third day of June, one 
thousand eight hundred and forty- two. 

DAVID R. PORTER. 



AN ACT 

To authorize the sale and conveyance of certain real estate, and for 
other purposes. 



Whereas, The trustees of Franklin college, in 
the borough and comuy of Lancaster, did on the 
tenth day of February, one thousand eight hundred 
and forty- three, by the name of the "Trustees of 
Franklin College, in the city and county of Lan- 
caster," convey by deed to S. S. Hinman, William 
Santee, Judson Blackman, Frederick Fisher, Daniel 
Decker, Holsey Taylor, Abigail Swartout, William 
Gragg, John Lantz, Peter Hollenbach, Ruel R. 
Brown, William B. French, and Benjamin Davison, 
several tracts of land in Bradford county, which 



were subsequently recorded in the office for record- 
ing deeds in Bradford county: And Whereas, The 
said trustees and the said grantees in the above 
mentioned deeds, are desirous that the title of the 
said grantees may be considered good and valid 
from the date of said conveyances, notwithstanding 
the misnomer of the said corporation in the same : 

Therefore, 

Section 4. Be it enacted, That the titles of thegSES 
said S. S. Hinman, William Santee, Judson Black- 
man, Frederick Fisher, Daniel Decker, Holsey Tay- 
lor, Abigail Swartout, William Gragg, John Lantz, 
Peter Hollenbach, Ruel R. Brown, William B. 
French, and Benjamin Davison, to the lands in the 
said deeds described, shall be as good and valid to 
all intents and purposes as if no misnomer of the 
said corporation had been made in the said deeds ; 
and the said deeds and the records or certified copies 
thereof shall be as good evidence of title, as if 
the said corporation had been called by its right 
name. 

HENDRICK B. WRIGHT, 

Speaker of the House of Representatives 

B. CRISPIN, 

Speaker of the Senate. 

Approved — The fourth day of April, one thousand 
eight hundred and forty- three. 

DAVID R. PORTER. 



MARSHALL COLLEGE 



ORIGINAL CHARTER. 



German 
Reformed 
Church 
erected into 
a College. 



AN ACT 

To incorporate the Marshall College at Mercersburg, and to incorpor- 
ate the Haddington College in the county of Philadelphia. 

Section i. Be it enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby 
enacted by the authority of the same, That the high 
school of the German Reformed church, located at 
Mercersburg, in the county of Franklin, be and 
hereby is erected into a college, for the education 
of youth in the learned languages, the arts, sciences 
and useful literature. 



To be called 

"Marshall 

College." 



Direction. 



Sec 2. In testimony of respect for the exalted 
character, great worth, and high mental attainments 
of the late John Marshall, Chief Justice of the 
United States, the said college shall hereafter be 
called and known by the name of the " Marshall 
College, at Mercersburg." 

Sec 3. The said college shall be under the man- 
agement, direction and government of a number of 
trustees, not exceeding forty-five, or a quorum or 
a board thereof, as hereinafter mentioned. 



Names of 
Trustees. 



Sec 4. The trustees of said college shall consist 
of the following persons, to wit: William M'Kins- 
try, Daniel Shafer, P. W. Little, William Metcalf, 



(18) 



19 

Elliot T. Lane, Adam Hoke, George Chambers, 
Alexander Thompson, Thomas H. Crawford, Henry 
L. Rice, Barnard Wolff, William Heyser, Frederick 
Smith, Jacob Snider, Henry Snevely, Jacob Hade, 
George Besore, David Fullerton of Franklin, George 
Denig and Peter Schell of Bedford, N. P. Hacke of 
Westmoreland, David Middlecauf of Adams, Thomas 
Chambers of Franklin, William Heister and Charles 
F. Hoffmeyer of Lancaster, David Krause and 
Isaac Gerhardt of Dauphin, John W. Gloninger of 
Lebanon, John E. Hoffman, Berks, James Potter, 
Centre, Theodore L. Hoffiditz and Peter Snyder, 
Northampton, Samuel Helfenstein, sen., George 
Wolf, Joseph Ritner, George Troutman, Pennsyl- 
vania, Gideon Bantz, Henry Schley, John J. Myers, 
George Decker, Daniel Huyett, William A. Good, 
David Schnebly, of Maryland, John Jacob Astor 
and Dietrich Willers, New York, which said trustees 
and their successors, to be elected as hereinafter 
mentioned, shall be, and they are hereby erected, 
established, and declared to be a body politic and 
corporate, and with all the incidents of a corporation, Incor P° rated - 
in deed and in law, to all intents and purposes what- 
soever, by the name, style and title of " The trustees 
of the Marshall college, at Mercersburg, " by which 
name and title, the said trustees and their suc- 
cessors shall be able and capable at law and in 
equity, to take to themselves and their successors, p r ° peJty. 
for the use of said college, any estate in any mes- 
suages, lands, tenements, hereditaments, goods, 
chattels, monies or other effects, by gift, grant, 
bargain, sale, conveyance, assurance, will, devise or 
bequest, of any person or persons whatsoever: 



General 
powers. 



20 

Provided, The same do not exceed in the whole the 
yearly value of five thousand dollars, and the same 
messuages, lands, tenements, hereditaments and es- 
tates, real and personal, to grant, bargain, sell, con- 
vey, assure, demise, and to farm, let, and place out 
on interest, or otherwise dispose of or invest for the 
use of the said college, in such manner as to them, or 
at least a quorum of them, shall seem most beneficial 
to the institution; and to receive the rents, issues 
and profits, income and interest of the same, and 
to apply the same to the proper use of the said 
college, and by the same name to sue, commence, 
prosecute and defend, implead and to be impleaded, 
in any courts of law or equity, and in all manner of 
suits or actions whatsoever, and generally, by and 
in the same name, to do and transact all and every 
the business touching or concerning the premises, 
or which shall be incidentally necessary thereto, 
as fully and effectually as any natural person, or 
body politic or corporate, have power to manage 
their own concerns/and to hold, enjoy, and exercise 
all such powers, authorities and jurisdictions, as are 
customary in other colleges within this common- 
wealth, 
common seal. g EC ^ ^he SSL {d trustees shall cause to be made 
for their use, one common seal, with such devices 
and inscriptions thereon as they shall think proper, 
and by and with which all deeds, diplomas, certifi- 
cates, and acts of the said corporation, shall pass 
and be authenticated, and the same seal at their 
pleasure to break and alter, and devise a new one. 

Trusted of Sec. & There shall be a meeting of said trustees 

held once in every year at least, at Mercersburg, at 



21 

such time as the said trustees or a quorum of them 
shall appoint, of which meeting due and timely 
notice shall be given, and if less than a quorum 
attend at such meeting, those present shall have the 
power to adjourn to another day, but if twelve or 
more of the said trustees shall meet at the appointed 
time, or at any other time of adjournment, then such 
or more of the trustees, shall be a board 
or quorum, and a majority of their votes shall be 
sufficient for transacting all the business and con- 
cerns of the said college not otherwise provided for Their FOwers - 
by this act, and particularly of making and enact- 
ing ordinances for the government of the said col- 
lege, of electing trustees in the place and stead of 
those who shall resign or die, of electing and appoint- 
ing the principal and professors of the said college, 
of agreeing with them for their salaries and stipends, 
and removing them for misconduct, breaches of the 
ordinances of the institution, or other cause which 
shall be deemed sufficient, of appointing committees 
of their own body to carry into execution all and 
every the resolutions of the board, of appointing a 
president, secretary, treasurer and other officers, 
whom they may find necessary for managing the 
corporation, of providing for the punishment of all 
violations of the rules, regulations, or ordinances of 
the college, or other misconduct committed by the 
students or other persons thereat, and generally, at 
any annual, adjourned, or extra meeting, shall 
determine all matters and things (although the same 
are not herein particularly mentioned) which shall 
occasionally arise, and be incidentally necessary to 
be determined by said trustees: Provided, That no 



22 



ordinance or regulation shall be of any force, which 
is repugnant to the constitution and laws of the 
United States or of this Commonwealth. 



Faculty, how 
composed. 



Their powers. 



Degrees. 



Sec. 7. That the principal and professors of said 
college, or a majority of them for the time being, 
shall constitute the faculty of the college, which 
faculty shall have the power of enforcing the rules 
and regulations adopted by the trustees for the 
government of the students, and to grant and con- 
firm, by the order and direction of a quorum of the 
board of trustees, such degrees in the liberal arts, 
sciences, or -such branches thereof, to such students 
of the college, and others, who by their proficiency 
in learning, or other distinction, they think shall be 
entitled to them, as have been usually granted in 
other colleges or universities, or which the said 
trustees, or a quorum thereof, shall think right and 
proper, and to grant to such graduates, diplomas or 
certificates, under their common seal, to authenticate 
and perpetuate the memory of such graduation. 



to be open to Sec. 8. Persons of every religious denomination 

all religious 

denominations, shall be capable of being elected trustees, nor shall 
any person, either as principal, professor, tutor or 
pupil, be refused admittance into said college, or 
denied any of the privileges, immunities or advan- 
tages thereof, for, or on account of his sentiments in 
matters of religion. 



Misnomer 
not to defeat 
grants, etc. 



Sec. 9. No misnomer of the said corporation shall 
defeat or annul any gift, grant devise or bequest, to 
or from said corporation: Provided, The intent of 
the parties shall sufficiently appear upon the face of 



23 

the gift, grant, will, other writing, whereby any 
estate or interest was intended to pass to or from 
said corporation. 

Sec. io. In addition to the customary prof essor- German 

-i • 1 11 1 1 11 1 • 1 • • Professorship. 

ships m other colleges, there shall be m this institu- 
tion a German professorship. 

Sec ii. The legislature reserves the right to re- Legislative 

° ° power to 

voke, alter or annul the charter hereby granted, at revoke - 
any time they may think proper. 

NER MIDDLESWARTH, 

Speaker of the House of Representatives. 

THOMAS S. CUNNINGHAM, 

Speaker of the Senate. 

Approved — The thirty- first day of March, Anno 
Domini, one thousand eight hundred and thirty-six. 

JOS. RITNER. 



AN ACT 

Granting aid to Marshall College. 

Section i. Be it enacted by the Senate and House 0/ Appropriation 

' ' of $6000, and 

Representatives of the Commonwealth of Pennsylvania ,^^ e $ T 3000 
in General Assembly met, and it is hereby enacted by the fndMay 8 ilt! 
authority of the same, That the State Treasurer be, 
and he is hereby authorized and required to pay to 
the trustees of Marshall College, in the county of 
Franklin, the sum of six thousand dollars, and the 
further sums of three thousand dollars on the first 
day of May, one thousand eight hundred and thirty 
eight, and the first day of May one thousand eight 



Proviso 



24 

hundred and thirty nine, and to be applied to the 
support of the institution. 

b^ s nst d r e u n ct s ed° ^ec. 2 * That the trustees of Marshall College shall 
gratis. cause annually to be instructed gratis twenty stu- 

dents, if that number apply, who shall be citizens or 
sons of citizens of this state, in the elementary 
branches of an English education, in the manner 
best calculated to qualify them for teachers in the 
English language : Provided, That the trustees afore- 
said shall signify their assent in writing to the condi- 
tions of this act, directed to the State Treasurer, on 
or before the first day of May, one thousand eight 
hundred and thirty- seven. 

LEWIS DEWART, 

Speaker of the House of Representatives. 

THOMAS S. CUNNINGHAM, 

Speaker of the Senate. 

Approved — The twenty ninth day of March, Anno 
Domini, one thousand eight hundred and thirty- 
seven. 

JOS. RITNER. 



FRANKLIN AND MARSHALL COLLEGE. 

AN ACT 

To unite and consolidate Marshall College, now at Mercersburg, with 
Franklin College, now at Lancaster, under the name of "Franklin 
and Marshall College," as a corporation, to be located in the city of 
Lancaster, or its immediate vicinity. 

Whereas, The trustees of Franklin college and Prearnble - 
the trustees of Marshall college are desirous of unit- 
ing their institutions, under the name of " Franklin 
and Marshall college," to be located in the city of 
Lancaster, or its immediate vicinity, and have agreed 
upon terms of union as hereinafter expressed, by 
which it is believed that a more extensive benefit 
will be conferred upon the citizens of this state, in 
the promotion of liberal and scientific learning: 

And Whereas, The legislature of the state, in 
pursuance of the constitutional injunction, "that 
the arts and sciences shall be promoted in one or 
more seminaries of learning, ' ' is willing to co-operate 
with these corporations in the proposed effort to 
enlarge their sphere of usefulness, by joining their 
means and labors under one organization at a place 
so central, healthy, moral and enlightened, so easy 
of access from most quarters, so able to assist in 
advancing the great objects in view, and so liberal 
in offers of substantial aid; therefore, 

Section i. Be it enacted by the Senate and House consolidation 

■s of Franklin 

of Representatives of the Commonwealth of Pennsyl-^^ han 
vania in General Assembly met, and it is hereby 
enacted by the authority of the same, That Franklin 

(25) 



26 

college, which was chartered by the representatives 
of the freemen of the said commonwealth, sitting 
at Philadelphia the tenth of March, one thousand 
seven hundred and eighty-seven, and Marshall col- 
lege, at Mercersburg, chartered by act of assembly 
the thirty-first of March, one thousand eight hundred 
and thirty-six, be and are hereby united and con- 
solidated into one institution of learning, under the 
corporate name, style and title of " Franklin and 
Marshall college;" and thus created, the same be 
Location. located in the city of Lancaster, or in its immediate 
vicinity. 

Trustees. Section 2. The said Franklin and Marshall col- 

lege so united, consolidated and located, shall be 
under the direction, management and government 
of not less than forty-five nor more than sixty 
trustees, of whom the governor of this state shall, 
ex-officio, be one, and two-thirds of which number 
of trustees, at least, shall be members of the German 

Quorum. Reformed church; and a quorum of whom, com- 
petent to transact any business, shall consist of 
fifteen members, at least two-thirds of which quorum 
shall be members of the German Reformed church; 
and to that end and purpose, William Heyser, John 

First Trustees. g^^ Barnard Wolff, George Besore, John Casper 
Bucher and John W. Nevin, of Franklin county; 
John Conrad Bucher, George Z. Kunkel, Daniel W. 
Gross, Rudolph F. Kelker, John F. Mesick and 
Luther Reiley, of Dauphin county; David Middle- 
kauff, of Adams county; William A. Good and 
Samuel Wagner, of York county; David Krause 
William Schall and John R. Kooken, of Montgomery 



27 

county; Julius W. Mann, William Mayberry, Charles 
Bibighaus and John Alberger, of Philadelphia; John 
W. Gloninger, John W. Killinger and John Krause, 
of Lebanon county; James Buchanan, John L. Atlee, 
Samuel Bowman, James L. Reynolds, John Rey- 
nolds, Emanuel C. Reigert, Henry G. Long, Samuel 
Humes, Benjamin Champneys, B. Keenan, Christo- 
pher Hager, Daniel Heitshue, David Longenecker, 
Christian Gast, John Bausman, William Heister, 
Philip K. Brenneman, N. A. Keyes, Clement B. 
Grubb and Joseph Konigmacher, of Lancaster 
county; Thomas H. Leinbach, Philip Zieber and 
John P. Hiester, of Berks county; Isaac Meyers, of 
Schuylkill; J. H. A. Bomberger and J. P. Heetrich, 
of Northampton county; George C. Welker, of 
Northumberland county; and William Darlington, 
of Chester county, Pennsylvania; Jacob Myer, of 
Virginia, Elias Heiner, John Rodenmayer, Bernard 
0. Wolff, David Zellers and George Shaffer, of Mary- 
land; and the governor of the commonwealth of 
Pennsylvania, ex-officio, shall be and hereby are 
created the first trustees. 

Section 3. The trustees above named and style - 
created, and their successors to be elected as here- 
inafter provided, are hereby established and declared 
to be one body politic and corporate, with perpetual 
succession in deed and in law, under the said name, 
style and title of " Franklin and Marshall college;" 
by which name they and their successors shall be 
capable in law and equity to take for the use of Privileges * 
Franklin and Marshall college any estate, in any 
messuages, lands, tenements and hereditaments, 



28 

goods, chattels, moneys and other effects, by gift, 
grant, bargain and sale, conveyance, assurance, 
devise or bequest, as well of the said Franklin col- 
lege and the said Marshall college, at Mercersburg, 
both being hereby authorized and empowered to 
alien, transfer and convey to said Franklin and 
Marshall college such property as of all other persons 
or corporate bodies, and the same to dispose of by 
sale or otherwise, or to farm, let and put out on 
interest for the use of said Franklin and Marshall 
college, in such manner as they or a quorum of their 
board of trustees shall judge most beneficial to said 
institution, and receive the proceeds and income 
thereof for its proper support; to execute all con- 
tracts for scholarships erected by Marshall college, 
unless the owner or holder of any scholarship resid- 
ing in Mercersburg, on which a balance may remain 
unpaid, shall object to paying the same; and by the 
same name to sue and be sued, prosecute and de- 
fend, implead and be impleaded in any court of law 
or equity, and generally to transact all business con- 
cerning the premises, or incidentally necessary to 
ensure full success to said college, and hold, enjoy 
and exercise all such powers, authorities and jur- 
isdictions as are customary in other like institutions 
in this state. 

i 
Sec. 4. The said trustees shall cause a common 
seal to be made for the use of the said corporation 
and college, with such devices and inscriptions 
thereon as are suitable for the same in their judg- 
ment, by which all deeds and other instruments of 
writing, diplomas, certificates and other acts of said 



2 9 

corporation and college shall pass and be authenti- 
cated; and said seal to break, alter and replace at 
their pleasure. 

Sec. 5. The first meeting of said trustees shall be^u^ Qf 
convened in the city of Lancaster on the requisition Trustees - 
of any seven of their members and notice of ten days 
to each ; and thereafter their meeting shall be annual 
at each college commencement, on similar notice to 
be given by the president or secretary, to transact the Powers - 
business of said corporation and college; to enact 
by-laws not repugnant to the constitution and laws 
of the United States or of this state ; to appoint the 
principal and professors of said college, and deter- 
mine their number, duties and compensation; to 
remove said functionaries for incompetency, mis- 
conduct or other sufficient cause; to provide, in 
conference with its faculty, proper rewards for 
merits, and punishments for violations of its rules, 
regulations and by-laws on the part of students 
and subordinate officers; to elect their president, 
secretary and treasurer, and such other officers and 
agents as are usual in other colleges; to appoint 
committees for carrying into execution their reso- 
lutions, and generally to do all other matters and 
things which, though not here enumerated, may be 
necessary to secure the full success and well-being 
of said institution. 

Sec. 6. The trustees may adjourn their meetings, F ^ e h r e s r 
and also may hold special meetings whenever the 
president and secretary, and on their disagreement 
or neglect, a majority of the faculty shall require it, 
for the transaction of any distinct business or order- 



30 



ing of any distinct matter concerning said college 
either at Lancaster or other convenient place ; but in 
such case, notice of the business or matter to be done, 
as well as the time and place of meeting, shall be 
given ten days beforehand to each member of the 
board. 



Vacancies, 
how supplied 



Sec. 7. In the room and instead of trustees who 
shall die, resign, or otherwise create vacancies, the 
remaining trustees shall elect others at the next an- 
nual meeting, or at a special meeting to be called 
for that purpose in manner aforesaid, and thus per- 
petual succession in the board of trustees and the 
corporation shall be kept up and preserved, with the 
powers, rights, immunities and duties provided for 
in this charter; and if any member of the board of 
trustees shall fail to attend three successive annual 
meetings thereof, his seat may be vacated by said 
board if by them deemed expedient. 



Faculty. 



Powers. 



Sec. 8. The principal of said college and its pro- 
fessors, who may from time to time be multiplied 
to any number, for the purposes of giving instruction 
in any of the liberal arts and sciences and other use- 
ful learning, or a majority of them for the time being, 
shall constitute the faculty of the same, and shall 
as such have power to enforce the rules and regula- 
tions adopted by the trustees for its government, 
and that of its students and subordinate officers, 
and to grant by order and consent of the board of 
trustees, or a quorum thereof, such degrees in the 
said arts and sciences or other useful learning to 
students of said college and others, who by their 



3i 

proficiency in learning or other distinction shall be 
adjudged entitled to them, as have been usually 
granted in other colleges or universities in America 
or Europe, and to grant to said students entitled 
thereto, diplomas or certificates to perpetuate the 
memory of their graduation or other distinction, in 
all which cases the same shall be authenticated by 
the common seal of said corporation. 

Sec q. There shall be in said college one or more German 

y m ° Professor. 

German professorships. 

Sec. io. That whenever the intent in any gift, ^- s> &c 
grant, devise or bequest to or from said corpora- 
tion to make the same, shall sufficiently appear, no 
misnomer shall defeat such intent, nor shall any 
omission or neglect of the trustees to meet at the 
time and place appointed for business, affect this 
charter or work its forfeiture, but in such case an- 
other meeting may be called by any member of the 
board giving ten days notice for that purpose. 

Sec. ii. The charters of the Franklin college and^ t n e ^ f 
of Marshall college aforesaid, shall be and severally coiiege^nd 
remain in full force and virtue until they shall sev-coUegJtobe 

null and void. 

erally have collected all obligations due them, and 
have severally conveyed their property real, personal 
and mixed, subject to the subsequent provisions of 
this act, as far as relates to the real estate of Marshall 
college, to Franklin and Marshall college aforesaid, 
for the use, benefit and behoof of the said Franklin 
and Marshall college ; and thenceforth the said char- 
ters of Franklin college and Marshall college shall be 
null and void. 






32 



Citizens of 
Lancaster to 
furnish 
$25,000. 



One-third of 
the value of 
the property 
of Franklin 
College to be 
paid over to 
the Lutheran 
members of 
said College, 
&c. 



Pennsylvania 
College. 



Franklin 
Professorship. 



Sec. 12. That before the foregoing sections of this 
act, or any of them shall go into effect, the sum of 
twenty-five thousand dollars shall be paid in current 
funds by the citizens of Lancaster city and county 
to a joint committee, to be hereafter appointed by 
Marshall and Franklin colleges, to be expended under 
the direction of said committee in the purchase of 
grounds, and the erection of suitable buildings for 
the use and accommodation of the Franklin and 
Marshall college, and that three members of the 
board of Franklin college be appointed to value and 
appraise the real and personal estate of said Franklin 
college, one by the Lutheran, one by the German 
Reformed, and one by the remaining trustees of said 
college ; and that one-third of the value of said funds 
and property so ascertained be retained by its board 
of trustees, until the German Reformed church pay 
an equal amount into its treasury, or give such legal 
obligations for its payment as may be deemed satis- 
factory; and so soon as said sum shall be so paid, it 
shall be paid over to the Lutheran members of said 
Franklin college board, who on the receipt thereof, 
or any portion of it, shall again pay the same to the 
board of trustees of Pennsylvania college, at Gettys- 
burg, to be permanently invested by the board last 
mentioned for the support of a separate professor- 
ship in said institution, to be styled "The Franklin 
professorship," of which the first incumbent shall be 
professor of ancient languages, and be elected by the 
existing Lutheran members of the Franklin college 
board, and the right of nominating the subsequent 
incumbents shall be vested in the old Evangelical 
Lutheran synod of Pennsylvania, and the interest 



33 

only of said fund to be used at any time for the sup- 
port of the incumbent of said professorship. 

Sec. 13. That so soon as the twenty-five thousand £j*!j» 
dollars shall be paid as aforesaid, for the purchase 
of grounds and the erection of buildings for Franklin 
and Marshall college, and one-third the value of the 
funds and property of Franklin college shall be paid 
to the Lutheran members of its board, or otherwise 
satisfied, and satisfactory evidence thereof be ex- 
hibited to the governor of this commonwealth, then 
the said governor shall issue letters patent under the 
seal of the state, incorporating the said Franklin and 
Marshall college, which said letters patent shall con- 
tain the first eleven sections of this act, as the pro- 
visions of its charter of incorporation, and which 
thenceforth shall have full force and effect as such 
charter. 

Whereas, The Lutheran trustees of the board of Preamble - 
Franklin college, of whom some are also trustees of 
Pennsylvania college, desire it; therefore, 

Sec 14. Be it enacted by the Senate and House of SSSJfof 
Representatives of the Commonwealth of Pennsylvania annexed to the 

. x _ . ' 7 • • t 7 77 Trustees of 

in General Assembly met, and it is hereby enacted by cX s e lvania 
the authority of the same, That the Lutheran trustees 
of Franklin college shall be added to the existing 
trustees of Pennsylvania college aforesaid, who shall 
together constitute the board of trustees of Penn- 
sylvania college ; and shall hereafter perpetuate their 
own number by a new election when any member 



34 

vacates his seat by death, resignation or non-attend- 
ance for three successive years ; and that so much of 
the charter of Pennsylvania college at Gettysburg, 
as is inconsistent with the twelfth and fifteenth sec- 
tions of this act, be and the same is hereby repealed. 



SSS&of Sec 15. That the trustees of Franklin and Mar- 

taugh^ratis 6 shall college shall cause annually to be instructed 
gratis, in the full course of studies adopted by the 
said college, any number of students not exceeding 
sixteen, who shall be citizens or sons of citizens of 
this state, eight of whom shall be nominated by the 
directors of the common schools of the city Lan- 
caster, and eight by the trustees aforesaid. 



tt"£2£ c of of Sec. 16. Before any removal of Marshall college 
c<?i2ge U shall be made in pursuance of this act, it shall be the 
duty of the trustees of said college, and of the proper 
and competent authorities of the Diagnothian and 
Goethean literary societies thereto attached, or their 
successors respectively, to convey unto William 
M'Kinstry, Thomas Creigh, William Metcalf, Adam 
Hoke, John H. Murphy, Robert Dick, Peter Cook, 
John Johnson, James O. Carson, David Zeller, 
Thomas Carson, Martin Newcomer and Thomas 
Grubb, clear of all incumbrances, all the real estate 
belonging to said Marshall college and to said socie- 
ties respectively, situate, lying and being on the 
southern side of the village of Mercersburg, with all 
the buildings thereon erected, and all the appurte- 
nances thereunto belonging, excepting the libraries, 
cabinets, philosophical apparatus and furniture of 



35 

said college and societies, with full power to said 
William M'Kinstry and other citizens before named, 
or a majority of them or their heirs, to convey the 
said premises or any part thereof in fee simple, to any 
person or persons, or to the trustees of any college 
or other literary institution that may be hereafter 
incorporated in said village of Mercersburg, or its 
vicinity, at and for such price or prices as they or a 
majority of them may choose to accept, which con- 
veyances so made and delivered, shall be a bar in 
all time to come; and the said William M'Kinstry, 
Thomas Creigh and the other citizens named in this 
section, shall indemnify and save harmless the trus- 
tees of Marshall college, and the synod of the Ger- 
man Reformed church of the United States of North 
America against any claim or claims that the citizens 
of Mercersburg and vicinity, or any of them, their 
heirs or legal representatives may have or may at- 
tempt to recover by reason of the removal of said 
college, or of any subscriptions made or moneys paid 
for the erection or location of the buildings or other 
property of said college, of said societies, or of the 
Theological seminary aforesaid: Provided however, 
That this section shall be obligatory upon Marshall 
college only, upon condition that the citizens of Mer- 
cersburg and vicinity shall pay or secure to be paid to 
the trustees of said college, the sum of eight thousand 
dollars, in the following manner, to wit: three thou- 
sand dollars at the date of the delivery of the pos- 
session of said property to the citizens aforesaid, three 
thousand dollars more in one year thereafter, and 
two thousand dollars more in two years after the 
date of such delivery of possession, without interest 



36 

on either of said payments until the same becomes 
due. 

J. S. M'CALMONT, 

Speaker of the House of Representatives . 

V. BEST, 

Speaker of the Senate. 

Approved — The nineteenth day of April, one thou- 
sand eight hundred and fifty. 

WM. F. JOHNSTON. 



SUPPLEMENT 

To the Act of the nineteenth April, Anno Domini, one thousand eight 
hundred and fifty, entitled "An Act to unite and consolidate Marshall 
College with Franklin College, et cetera. 

Preamble. Whereas, It is provided among other things, by 

the sixteenth section of the act to which this is a 
supplement, that the proper and competent authori- 
ties of the Diagnothian and Goethian literary socie- 
ties of Marshall college shall be parties to a convey- 
ance to William M'Kinstry, Thomas Creigh, and 
others therein named, of certain real estate in Mer- 
cersburg, Franklin County: 

And Whereas, Said Diagnothian and Goethian 
literary societies have no proper and competent au- 
thorities capable in law to make said conveyance, 
and have no transferable interest in said real estate ; 
therefore, 

conveyances Section i. Be it enacted by the Senate and House of 

rendered valid. J ' 

Representatives of the Commonwealth of Pennsylvania 
in General Assembly met, and it is hereby enacted by 



37 

the authority of the same, That a conveyance, or offer 
to convey said real estate as provided in said six- 
teenth section of said act of nineteenth April, Anno 
Domini, one thousand eight hundred and fifty, by 
the trustees of Marshall college to William M'Kinstry, 
Thomes Creigh, and the other persons therein named, 
shall be deemed and taken a sufficient compliance 
with the requirements of said section as to the con- 
veyance of said real estate, and a conveyance or offer 
to convey, as therein provided by the literary socie- 
ties aforesaid, shall not be deemed necessary, and is 
hereby dispensed with. 

Sec. 2. That nothing in the act to which this is a^ f °^gjj ce 
supplement contained, or that has or may be done 
in pursuance thereof, shall prevent the trustees and 
faculty of Marshall college from continuing the same 
in operation till the annual commencement of one 
thousand eight hundred and fifty-three, and con- 
ferring degrees at said annual commencement. 

W. P. SCHELL, 

Speaker of the House of Representatives . 

THO. CARSON, 

Speaker of the Senate. 

Approved — The twelfth day of February, A. D. 
one thousand eight hundred and fifty-three. 

WM. BIGLER. 



38 



A SUPPLEMENT 

To an Act to unite and consolidate Marshall College, now at Mercers- 
burg, with Franklin College, now at Lancaster, under the name of 
Franklin and Marshall College, as a corporation, to be located in 
the city of Lancaster, or its immediate vicinity, approved the nine- 
teenth day of April, Anno Domini one thousand eight hundred and 
fifty, changing the Trustees thereof, and the manner of selecting 
such Trustees, and their terms of office. 

preamble. Whereas, The trustees of Franklin and Marshall 

College, at a late meeting vacated their seats, to take 
effect in July, one thousand eight hundred and sixty- 
seven, and unanimously recommend a reduction in 
the number, as well as such other modifications of 
their charter, as are herein contained, and requested 
the synod of the German Reformed church, in the 
United States of North America, to elect a board of 
trustees : 

And Whereas, Said synod, at its late meeting, in 
York, Pennsylvania, unanimously approved the 
changes suggested by said board of trustees, in the 
charter of said college, and elected, as trustees, the 
persons hereinafter named; therefore, 

seats of Section i. Be it enacted by the Senate and House of 

present mem- 

Jeryf Boajrd Representatives of the Commonwealth of Pennsylvania 
vafa a nt ed in General Assembly met, and it is hereby enacted by 
the authority of the same, That the seats of all the pres- 
ent members of the board of trustees of Franklin and 
Marshall College, be and they are hereby declared 
vacant, on the evening of Tuesday, of the college 
commencement, of one thousand eight hundred and 
sixty-seven; and the new board, hereinafter ap- 
pointed, (and which was chosen by the synod of the 



39 

German Reformed church,) shall meet and organize, 
on the morning of Wednesday, of said college com- 
mencement, in July, one thousand eight hundred and 
sixty-seven. 

Sec. 2. That Thomas E. Franklin, W. H. Lawall J e r ? e s b e y es 
and Henry Wirt, are hereby appointed trustees f appomted ' 
Franklin and Marshall College, for one year, from 
and after July first, Anno Domini one thousand eight 
hundred and sixty-seven; William Maybury, John 
L. Riegel and A. Herr Smith, for two years from 
that date; B. C. Wolf, Joseph Laubach and Benjamin 

F. Shenk, for three years from that date; B. Baus- 
man, R. F. Kelker and James L. Reynolds, for 
four years from that date; John Heilman, H. G. 
Long and C. B. Grubb, for five years from that date; 
J. H. A. Bomberger, Jacob Heyser and A. L. Hayes, 
for six years from that date; George G. Kunkel, 

G. S. Griffith and D. W. Patterson, for seven years 
from that date ; James Buchanan, John W. Killinger 
and John Weist, for eight years from that date; 
Charles Santee, J. L. Atlee and Jacob Bausman, for 
nine years from that date, and C. Hager, D. W. Gross 
and John Cessna, for ten years from that date. 

Sec. 3. That at each annual meeting of the synod Threes be 
of the German Reformed church in the United States « m « aU y- 
of North America, said synod shall elect, in such 
manner as they may determine, three persons, as 
members of the board of trustees of Franklin and 
Marshall College, who shall become members of said 
board on the first day of July next succeeding their 
election, and shall continue in office for the period 
of ten vears thereafter. 



4Q 



Member of 
Faculty not to 
be Trustee. 



When ^at of 
member may- 
be declared 
vacant. 



Quorum, &c. g EC< 4> The ratio of members of said board of 
: "" T ~ trustees, who are members of the German Reformed 

church, and the number of trustees required to con- 
stitute a quorum, shall not be changed. 

Sec. 5. No member of the college faculty shall be 
a member of the board of trustees ; this section shall 
not apply to any person delivering lectures to stu- 
dents on anatomy, or medicine, but only to those 
regularly engaged in teaching. 

Sec. 6. That the board of trustees shall have power, 
and it shall be their duty, to declare vacant the seat 
of any member who shall fail to attend any of the 
meetings of the board, for two whole years, without 
sufficient ^xcuse, to be judged of by the board. 

Sec. 7. That the board shall have power to fill all 
vacancies which may occur in their own body, by 
reason of deat^i, resignation, failure of synod to elect, 
or otherwise; the person, or persons, so elected by 
the board, to continue in office during the balance 
of the term of the person, or persons, in whose stead 
he, or they, shall have been chosen. 

Repeal. Sec 8. That so much of the act of assembly to 

which this is a supplement, as is inconsistent with 
the provisions of this act, be and the same is hereby 
repealed. 

JOHN P. GLASS, 

Speaker of the House of Representatives . 

LOUIS W. HALL, 

Speaker of the Senate . 



Vacancies, 
how filled. 



Approved — The sixteenth day of February, Anno 
Domini one thousand eight hundred and sixty-seven. 

JOHN W. GEARY. 



AMENDMENTS OF 1893. 

The Court of Common Pleas of Lancaster County, by decree dated 
the twentieth day of June, 1893, ordered and decreed the follow- 
ing amendments and alterations of the charter: — 

First. — Amend Section 3 of the original Act of 
Incorporation by adding at the end of said section 
the following clause, to wit: "The ownership of the 
property of Franklin and Marshall College and man- 
agement of the institution shall as heretofore vest in 
said Board of Trustees, and by them to be held in 
trust for the Eastern Synod, the Pittsburgh Synod, 
and the Synod of the Potomac, of the Reformed 
Church in the United States, and be carried forward 
in the interest of said three Synods." 

Second. — Amend Section 3 of the Supplement to 
the original Act of Incorporation by striking out 
said Section 3 and inserting in lieu thereof a new 
section as follows: "Section 3. That hereafter the 
Eastern Synod shall elect twelve, the Pittsburgh 
Synod three, and the Synod of the Potomac six 
members of the Board of Trustees, in such man- 
ner as said Synods may respectively determine and 
the Board shall choose the remaining nine mem- 
bers. The terms of service of said Trustees shall 
begin on the first day of July next succeeding their 
election, and they shall continue in office for the 
period of ten years thereafter." 



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